The Community Infrastructure Levy (CIL) allows us to raise funds from developers and individuals who are undertaking building projects to support growth in the North Kesteven area.
Section 106 agreements and planning conditions continue to be used but in a much reduced and restricted form.
What development is liable for CIL?
In general terms the following types of developments are liable for CIL:
- All development of 100 sqm or more of new build, or extensions to existing buildings
- All development regardless of size that results in the creation of a new dwelling
- Agricultural buildings and storage warehouses that people enter into
- The conversion of a building that is no longer in lawful use (see below)
The definition of lawful use is contained in Regulation 40(11) of the Community Infrastructure Levy (Amendment) Regulations 2014. For the use to be lawful for the purposes of CIL it must “contain a part that has been in lawful use for a continuous period of at least six months within the period of three years ending on the day planning permission first permits the chargeable development”.
Before you start your development you must send us
Outline planning permissions granted on or after 22 January 2018 will be liable to pay CIL prior to commence of development. However, as the liability is calculated at Reserved Matters stage there is no need to submit any CIL forms with the outline application.
- CIL Form - Planning Application Additional Information Request. The details in this form will enable us to establish whether or not your development is liable for a charge, and if so to calculate it accurately from the floor space areas you provide.
- CIL form - Assumption of Liability. This form confirms who is responsible for paying the CIL charge relating to the development. If it is not returned then the charge will default to the registered landowner and additional costs may be applied.
- CIL form - Commencement Notice. This form lets us know when your development is going to commence and will form the basis of the date that your CIL payment is due. This form must be returned no later than one day before development commences. If it is not returned a penalty will be added and full payment will be due immediately.
- CIL form - Claiming Exemption or Relief . If you are claiming relief from payment then you must also return this form prior to the commencement of the development.See our guidance notes for Self Build Relief, Residential Annex, Social Housing Relief, Charitable Development Relief, penalties and surcharges and appeal procedures.
CIL Process FAQs
I will be submitting a planning application. How can I find out more about CIL and what I need to do for my planning application submission? What is the relationship between CIL and planning obligations (commonly known as s106 agreements)?
The process relating to CIL is strictly prescribed by the CIL regulations, with penalties if the process is not correctly followed. Applicants are strongly advised to read the rest of these FAQs and also the other guidance published on this website, information may also be found on the Planning Portal. If further clarification required please contact the District Council direct.